A resolution was passed in the 2008 legislative session, only after a like bill was killed, to have a Task Force look at methods of designating nonprofit corporations as Public, Education, and Government(PEG)Access Organizations without complying with state procurement law. The state procurement officer has stated in a document released June 24, 2008: 'State Procurement Office (SPO) Decision to May 30, 2008 Notice of Amendment to Exemption from Chapter 103D, HRS, Contract', "Although it is understandable that DCCA in good faith would like to comply with the HCR 358 HD1 (resolution), in seeking alternate methods (to procurement law),...it is not a position supported by SPO and is not a justifiable reason for the extension of the exemption..."
http://hawaii.gov/dcca/areas/catv/peg_contracts/DOC%20%285%29.pdf

So in essence this Task Farce is set up to find a way to get around state law without violating it while the violation continues. It has been 7 years since DCCA was asked in writing for the process by which DCCA designated nonprofits as a PEG provider. Apparently the SPO won't respect the outcome of the committee anyway, so what good is it? This is a Task FARCE in that what their intended accomplishment is: to make what is all wrong alright!

The contracts in question have been in violation of state law since the law went into effect in 1994. They are between DCCA and Hawaii PEG Access Organizations who were created by The State! The state is fighting to preserve their created PEGs by not allowing any other nonprofits to bid on the contracts to be the local entity to facilitate free speech. All the DCCA says that PEG Access is not a function of government, they believe openness and accountability are crucial, and they do not think it makes sense for them to require the cable operator to provide any PUBLIC Access Channel available on a first-come, nondiscriminatory basis to We The People!

These meetings are not required to be conducted in compliance with state open meetings law, not even the spirit. Note that minutes are not available prior to the next meeting for PUBLIC consumption, and as of today August 20, 2008 they still have yet to post the minutes of the June meeting, the first of 2 meetings already held. It's a safe bet they'll have another meeting prior to widely disseminating minutes, keeping the Public at least one meeting behind.
http://hawaii.gov/dcca/areas/catv/hcr358/

Note there are no PUBLIC representatives on the Task Farce (sic)(TF), and all the meetings are within less than 30 days, so minutes aren't required to be available under the "sunshine law". OIP opined the TF was not a board under "sunshine law" (open meetings law).

Please also note that though 'Olelo kept their sheople informed all throughout the legislation on the status of the anti-PEG-procurement bill, but have posted & emailed little if any information about the Task Farce.
http://www.olelo.org/news_rfp.htm

This is destined to be yet another review, study, plan, task force, that historically collect; information, input, misinterpretations, and inevitably dust on a shelf somewhere in Honolulu.
http://hpam.hi808.net/#studies

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